As the Town has previously notified the public and the candidates for the upcoming March 5, 2019 Municipal Officer's Election, the Town of Silver City was sued by the Attorney General's office, representing the Secretary of State, to stop the election and demanding the Town cancel it.
The Election is canceled pursuant to an Order of the Court. The case was scheduled for hearing before a District Court Judge on January 22, 2019. Facing language in the newly adopted State Local Election Act that could be easily interpreted to prohibit the Town's annual elections and require biennial elections, the Town Council saw an opportunity to work with the Secretary of State and attempt to get a legislative solution to the dispute. The Town and the Secretary of State settled the case and the Secretary committed to not oppose the Town from seeking an amendment from the Legislature settling the issue and allowing annual local elections for a Territorial Charter Municipality like Silver City.
With the cancellation of the election, the Order of the Court makes clear the office holders of those seats up for election shall hold over until a new election is scheduled, which the Town hopes is accomplished through a change of the current State statute. If the legislature does not change the Local Election Act, the Town will work with the Secretary to best address the Town's concerns under the current Local Election Act.